Biros execution still on hold

LUCASVILLE — Convicted murderer Kenneth Biros visited with family this morning while waiting for word from the U.S. Supreme Court concerning a stay on his scheduled execution.

Prison workers continued preparations for Biros’ execution   after the state appealed to the U.S. Supreme Court Monday, seeking a ruling to allow the lethal injection. By midmorning, the high court had not addressed the matter.

That left standing Monday’s ruling by a 6th U.S. Circuit Court of Appeals panel in Cincinnati that denied the state’s request to lift a lower court’s order against the execution. The three-judge panel said Biros should be able to continue appealing a lawsuit with other inmates arguing that Ohio’s method of lethal injection is cruel and unusual punishment.

Biros spent an uneventful night at the Southern Ohio Correctional Facility in Lucasville.   “After family visits Monday evening he finished the raspberry ice cream that was part of his special meal then went to sleep at 11:17 p.m.,” said Andrea Dean, a spokeswoman for the state Dept. of Rehabilitation and Correction. He woke up once at 1:25 a.m. to use the restroom and request the window be opened. He went back to sleep about 2 a.m., woke up at 5:45 a.m., showered and ate the standard issue breakfast (waffles, corn flakes and juice). He also finished the cherry pie that was leftover from his evening meal, Dean said. She said he had a quiet evening.

The execution remains in what Dean describes as a holding   pattern. Biros’ family were allowed to continue the cell-front visit until 11 a.m.   The warden discussed the situation with the victim’s family at about 8 a.m. The death warrant is in place until midnight.